Kuwait Court of Cassation principle number 355

The inviolability of the person includes his body, clothing and belongings in his possession. - The inviolability of the dwelling includes every place enclosed by a wall or surrounded by any barrier, used or prepared for use as shelter. Articles 78, 79 of the Procedures Law. - Searching inviolable things without the consent of the person concerned. Not permissible except in the situations provided for by law and subject to the conditions prescribed therein. - An order issued by the Public Prosecution to search the person authorised to be searched does not, according to its wording and purpose, extend beyond what was authorised to be searched, unless the person conducting the search incidentally observes during the search an ongoing crime in one of the situations of flagrante delicto, or the search results in the seizure of prohibited items constituting a crime. - Searching the dwelling of a person whose person alone was authorised to be searched, without prohibited items being seized in his possession and without the existence of any legally recognised situation of flagrante delicto, and searching his dwelling notwithstanding this and seizing narcotic drugs and psychotropic substances. An invalid procedure for exceeding the purpose of the search. Extension of the invalidity to the evidence derived from it and invalidity of the appellant's confession against another accused and the latter's confession against a third, and the resulting seizure of prohibited items in the possession of each of them, as well as the evidence derived from the statements of the officer involved in the incident. - The rule in law is that what is founded on invalidity is invalid. Second: searching a female: